Why Some EB-5 Petitions Move Quickly - and Others Stall

Many investors enter the EB-5 program with hope and urgency: file I-526E, wait, and receive a U.S. Green Card. But that waiting period is far from uniform. Some petitions sail through in months; others languish for years. Why does this happen?

The answer lies in a mix of structural policy changes, filing choices, and petition quality. Recent data—especially post-EB-5 Reform and Integrity Act (RIA) adjudication statistics—reveals that project category (rural vs. urban) has emerged as perhaps the most powerful predictor of speed. In this article, we explore the key factors behind these disparities, explain current trends, and offer practical guidance for prospective investors.

The Rural / Urban Divide: What the Data Shows

Under the RIA reforms, USCIS is explicitly required to prioritize rural EB-5 projects among set-aside visa categories. That directive has translated into tangible differences in processing volume:

●        From April 2022 to January 2025, rural I-526E petitions have been adjudicated significantly faster than urban ones.  

●        According to IIUSA (as of September 2024), rural I-526E petitions have averaged about 10 months to adjudication, with a normal range of 6–15 months, while urban I-526E petitions averaged 14 months, with a range of 11–16 months.

●        Similarly, for I-956F project applications, rural cases averaged 8 months (range 4–15 months) compared to 13 months (range 7–18 months) for urban cases.

●        As of January 2025, demand remains high in both categories: over 4,300 rural petitions and 5,100 high-unemployment petitions were on file—well above annual visa supply in either set-aside.

In practice, rural projects are seeing adjudications within roughly 8–10 months, while urban petitions are experiencing longer waits in the 11–16 month range.

Why USCIS Is Favoring Rural Projects

1. Statutory Set-Asides & Congressional Intent

The RIA allocates annual visa quotas: 20% reserved for rural, 10% for high unemployment areas, and 2% for infrastructure projects. That means rural projects have their own lane—less direct competition with populous urban filings.

2. Avoiding Backlogs & Overcrowding

Urban filings are far more numerous, which risks overwhelming visa availability in those categories. Prioritizing rural allows USCIS to manage congestion more effectively.

3. Policy Goals of Economic Development

Congress intended rural prioritization to channel capital into underserved areas. USCIS’s speed bias toward rural projects helps activate that intent.

Other Important Factors That Affect EB-5 Petition Speed

While rural vs. urban is the headline driver, other variables still matter a great deal:

Country of Origin:

Because of per-country visa ceilings, applicants from heavily subscribed countries (China, India) often face visa queue issues, regardless of how fast USCIS adjudicates their I-526E.  

Strength & Credibility of the Project:

Projects backed by experienced regional centers, with solid financials and realistic job models, tend to pass USCIS review more smoothly. Weak or poorly documented projects invite Requests for Evidence (RFEs) and delays.

Quality of Legal Representation:

EB-5 is a specialized space. Attorneys who know the rules, the precedents, and the USCIS expectations can often avoid pitfalls that slow down lesser-prepared submissions.

Clarity & Completeness of Source of Funds Documentation:

Arguably one of the most frequent causes of delays: gaps or inconsistencies in how an investor shows lawful funds. When USCIS raises questions about unexplained transfers, gaps, or lack of documentary backing, they are likely to issue an RFE or delay adjudication.

Strategic Advice for Prospective EB-5 Investors

Here are practical tips, drawn from recent trends and data, to help you avoid unnecessary delay:

●        Work with a reputable regional center: Their experience, documentation standards, and compliance record matter.

●        Select a strong EB-5 attorney: Especially one who understands how to present a clear source of funds evidence.

●        Prepare your source of funds carefully: Anticipate USCIS scrutiny, and document every step in the chain of your capital.

●        Act while categories are still current: Rural set-aside categories currently remain “current,” reducing backlog risk.

●        Monitor visa supply trends: Even rural areas may face pressure if demand continues to rise.

Final Thought

While rural EB-5 investments are currently prioritized for faster adjudication, timing is only one part of the bigger picture. For many families, the ultimate goal is not just quick approval but long-term security—both in immigration outcomes and investment success. TEA projects continue to offer reserved visa set-asides, strong job creation potential, and the stability that comes from being located in established markets with proven demand.

At EB-5 USA, we focus on structuring TEA projects that balance immigration success with investment security. By partnering with a trusted regional center like ours, investors can pursue their U.S. Green Card with confidence, knowing that compliance, transparency, and capital protection are our top priorities.